Gurdeep Singh Dhillon v. State Of Punjab

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-56432-2025 (O&M) Date of decision: 04.12.2025 Gurdeep Singh Dhillon ....Petitioner

Versus

State of Punjab

...Respondent

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY ***** Present :

Mr. S.S. Sidhu, Sr. Advocate with Mr. D.S. Mann, Advocate for the petitioner ***** AMAN CHAUDHARY, J. (ORAL) 1.

Learned counsel submits that the alleged video taken against the petitioner is of year and half ago. No preliminary inquiry has been conducted as is the requirement in 'Lalita Kumari Vs. Govt. of UP and Ors', writ petitioner (criminal) No.68 of 2008, and there is no certificate under Section 65-B of the Indian Evidence Act obtained to check the veracity of the same. There is no statement recorded of anyone else in the video and there is no complaint filed by any private person that the petitioner acted as a mediator. He has been falsely implicated on account of the fact that he was elected as Punjab Pradesh Congress Committee, was Co-ordinator of District Faridkot and was the acting Senior Vice President of Municipal Committee, Ferozpur. He otherwise is an agriculturist by profession.

For the offence alleged the maximum sentence is 7 years, therefore the notice mandating under Section 35 of BNSS (41 of CrPC) was not issued in terms of judgment passed by Hon'ble the Supreme Court in 'Arnesh Kumar Vs. State of Bihar' and in case of 'Satinder Kumar Antil Vs. Central Bureau of Investigation and Another', reported as 2022 Live Law (SC) 577. The petitioner is ready and willing to join the investigation as and when required by the investigating agency and will cooperate.

MOHIT 2025.12.04 19:09 I attest to the accuracy and integrity of this document

CRM-M-56432-2025 (O&M) -2Notice of motion.

At the asking of the Court, Mr. Manipal Singh Atwal, DAG, Punjab accepts notice on behalf of respondent-State. Meanwhile, the petitioner is directed to join the investigation on or before 27.10.2025. In the event of his arrest, he shall be released on interim bail to the satisfaction of the Arresting Officer, subject to compliance of conditions as enshrined under Section 438(2) Cr.P.C.

However, it is clarified that if the petitioner does not join and cooperate with the Investigating Agency as required by the Arresting/Investigating Officer, this interim order shall be deemed to have been vacated.

Adjourned to 04.12.2025.

(AMAN CHAUDHARY) JUDGE 04.12.2025 M.Kamra Whether speaking/reasoned :

Yes / No Whether reportable :

Yes / No MOHIT 2025.12.04 19:09 I attest to the accuracy and integrity of this document